From Mr. E. Privitera

One of the EU’s laws, which has radically affected our judicial system in a negative way is the “European Arrest Warrant”. Unfortunately in Malta, despite having many hundreds (or thousands?) of lawyers, with the exception of two or three they have kept silent on such a dangerous law, which could hit any Maltese citizen who travels to another EU country.

The following story of what happened to a young British citizen, Joseph Mandy, shows what could happen to Maltese citizens. This 19-year-old Briton went on holiday with his friends to the Spanish island of Fuerteventura in the Canaries. There, he and his friends were arrested by the Spanish police and accused of counterfeiting four 50-euro notes. As the euro is a novel currency – particularly to British youths as their country has decided to keep its own currency – it is quite a job for them to distinguish between real and counterfeit notes. They were accused of passing two counterfeit notes – one in a bar and the other in a local shop – and two more were found, one on Mandy’s friend and another in their hotel room.

They were taken to court on the two following days and were then allowed to return home with the warning that they would be contacted by the authorities. In March 2007, Mr Mandy was served with a European Arrest Warrant, arrested and held in a Liverpool police cell from where he was taken to London where he was arraigned in court. Despite his appeal, on 18 July he was handed over to the Spanish police on British soil at Heathrow Airport and taken to Madrid.

There was no protection whatsoever for this British youth by the British court, whose duty is to protect British citizens. This was how the system worked when Britain had its own extradition procedures. Mandy was denied bail by the Spanish court since it was thought that he might flee the country. By then the Spanish judicial holidays were about to start, so Mandy was held in a Spanish prison for two months!

It was not until 18 September that his Spanish lawyer advised him that if he continued to plead innocent, he could face another year in prison before facing trial. He was also told that if he pleaded guilty, since he had no criminal past, he would get a suspended sentence and a small fine. Not wanting to spend another year awaiting trial in a Spanish prison, Mandy did what his lawyer advised him to do – he pleaded guilty. Thus he was given a two-year sentence and a e600 fine.

This story fell into the lap of MP Frank Dobson, since Mandy resided in his constituency. When the Hon. Mr Dobson spoke in Parliament, he pointed out that Mandy had not personally been found in possession of any counterfeit money, as well as various other inconsistencies in the procedures of the Spanish authorities. He also pointed out that the British judge had sent Mandy to Spain knowing full well about the Spanish judicial holidays and that he would therefore have to spend two months in prison before his case could be heard.

Due to the European Arrest Warrant, poor Joseph Mandy has been through hell and back! The only defence by the British government in response to MP Frank Dobson’s speech, was provided by the Parliamentary under-Secretary of State for the Home Office, Meg Hillier, who said: “We have to have faith in our European partners!”

Not only Joseph Mandy, but all those in the EU who realise how EU law has relegated national parliaments and judicial systems to irrelevance should, at this festive time of the year, be singing an adaptation of Bing Crosby’s immortal song: I’m dreaming of an EU-free Christmas, just like the ones I used to know...”

Eddy Privitera

MOSTA